T. M. (“Tim”) Scanlon is best known for his advocacy, especially in his book What We Owe to Each Other (1998), of the moral theory of contractualism. Contractualism is broadly the idea that morality is based on a social agreement or “contract.” It can in principle refer to any contract-based moral theory, within a certain range to be described in a moment, but in practice it refers to Scanlon’s theory unless the context makes clear that something else is meant. The Stanford Encyclopedia of Philosophy (SEP) article on “Contractualism” by Elizabeth Ashford and Tim Mulgan says that contractualism is distinguished from contractarianism by being grounded in the equal moral status of persons. Contractarianism, especially of the sort identified with Hobbes and Gauthier and Buchanan, tries to derive morality from an agreement that individuals make based on their own self-interest. A contractarian theory imagines people forming an agreement which each sees as maximizing his own personal self-interest and nothing else, and in particular without regard to the interests of anyone else. By contrast, contractualism imagines that people are deciding mutually agreed-upon principles from a position in which each person accepts every other person as a rational autonomous agent of equal moral importance with himself. Scanlon claims (5) that this conception of the social contract can be traced back to Rousseau.
The key concept of contractualism seems to be justifiability to others. In what follows, I shall explain what “justifiability to others” means in Scanlon’s contractualism and why I think it lies at the root of a serious deficiency of the theory.Continue reading